Ex parte Carson
| Citation | 243 P. 260,33 Okla.Crim. 198 |
| Decision Date | 06 February 1926 |
| Docket Number | 5951. |
| Parties | Ex parte CARSON. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
Section 7222, Comp. St. 1921, prohibiting the employment or permitting of females to work in certain industries for more than 9 hours in any one day, or more than 54 hours in any one week, unless within some exception, is violated by breaking either the 9 hour or the 54 hour prohibition. The fact that the female employee is engaged and paid by the month does not affect the application of the statute.
Under the rule of "ejusdem generis," as applied to statutory construction, where an enumeration of specific things is followed by some general word or phrase, such general word or phrase is restricted and explained by the specific things enumerated, and the general word or phrase refers to things of like character.
Section 7222, Comp. St. 1921, limiting the hours of employment or work of females in certain lines of employment, does not include and apply to females employed in banks.
Original application by H. B. Carson for a writ of habeas corpus. Writ awarded.
Thos H. Owen and Wilbur J. Holleman, both of Oklahoma City, for petitioner.
Geo. F Short, Atty. Gen., and Smith C. Matson and Chas. Hill Johns Asst. Attys. Gen., for respondent.
This is an original proceeding for habeas corpus, submitted on an agreed statement of facts, from which it appears that the petitioner was convicted before a justice of peace of Oklahoma county, fined $50 and costs, and committed to the sheriff of Oklahoma county, until the same should be paid. He was charged with a violation of section 7222, Comp. St. 1921 by permitting Molly Whittman, bookkeeper for the American National Bank of Oklahoma City, to work more than nine hours on November 24, 1925. Petitioner is vice president of the American National Bank, and as such in charge of the operations of the employees of said bank, including said Molly Whittman, bookkeeper. It is also agreed that said bank is organized under the banking laws of the United States, that its place of business is at Oklahoma City, and the salary of said Molly Whittman is paid by the bank, and that she had been an employee as a bookkeeper since the 15th day of May, 1925.
The statute in question under varying terms has been enacted in many of the states of the Union, beginning in the manufacturing section. It is entirely beneficent, and its enaction was due to discrimination against female employees whereby they were required to work long hours and undergo great hardships in order to secure and keep employment. These impositions and the resultant evils brought about these women labor laws. They have been generally upheld by the courts, and are no longer challenged as contrary to the federal Constitution. We are thoroughly in sympathy with them and their enforcement.
Of the contentions advanced by petitioner why the conviction under the statute and the restraint thereunder is illegal, we consider it necessary to examine only two, as follows: First, where a female is employed by the month the violation is tested by the week and not by the day limitation. Second, that the statute has no application to a bank.
The statute here involved was first enacted as chapter 148, Laws 1915, under a title reading as follows:
"An act regulating the hours of employment of females in certain industries, and providing a penalty therefor."
Section 1 of said act provided that females shall not be employed or permitted to work in the certain designated lines of work more than nine hours in any one day. Section 2 of the act provided for overtime work in times of great disaster, calamity, or epidemic. Section 3 provided for the supplying of seats for female employees. Section 4 provided penalties for violation of the act.
The act of 1915 was amended in 1919 by chapter 163, Laws 1919, under a title reading as follows:
"An act to amend sections 1, 2, 3 and 4 of chapter 148, Session Laws of the state of Oklahoma, 1915, entitled 'An act regulating the hours of employment of females in certain industries, and providing a penalty therefor,' repealing all laws in conflict herewith, and declaring an emergency."
Section 1 of the Act of 1915 was amended by changing "telephone establishment" to read "telegraph or telephone establishment or office," and in the sixth line, after enumerating places of amusement, adding, "or any other establishment employing any female," and in the seventh line, after limiting the employment to nine hours in any one day, by adding "nor more than 54 hours in any one week." There were also some changes in sections 2, 3, and 4 of the act, with which we are not particularly concerned here, except in so far as they may aid in arriving at the meaning of the section under consideration. The section as amended is now section 7222, Comp. St. 1921, as follows:
To continue reading
Request your trial